ITC Issues General Exclusion Order Barring Imports of Infringing Electrolyte Beverages and Packaging

The U.S. International Trade Commission (ITC) has concluded an investigation under Section 337 of the Tariff Act of 1930, finding a violation involving electrolyte-containing beverages and their labeling and packaging. The Commission affirmed, with supplemental findings and modified reasoning, the administrative law judge's initial determination that a violation occurred via summary determination. As a result, the ITC has issued a General Exclusion Order (GEO) — a broad trade remedy that applies to all importers, not just named respondents — prohibiting the importation into the United States of electrolyte beverages and related packaging that infringe any of four specific U.S. trademark registrations: No. 4,222,726; No. 4,833,885; No. 4,717,350; and No. 4,717,232. A General Exclusion Order is a particularly sweeping form of relief, as it bars imports from any source worldwide that infringe the asserted trademarks, regardless of whether the foreign manufacturer or importer was a party to the investigation. U.S. Customs and Border Protection is responsible for enforcing the GEO at ports of entry. The investigation has been formally terminated following the issuance of the GEO, signaling the end of the ITC proceeding. Any importer or manufacturer of electrolyte beverages using branding that conflicts with these trademarks faces exclusion from the U.S. market.

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